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Service company question

26 April 2011 / Keith M Gordon
Issue: 4301 / Categories: Comment & Analysis , Income Tax
How should taxpayers answer the inquiry about income, asks KEITH M GORDON

KEY POINTS

  • Income from service companies.
  • Effect of FA 2008 Sch 36.
  • The service company question appeal.
  • Confirmation from HMRC.

A few weeks ago personal clients’ tax returns started dropping onto the proverbial doormats marking the start of the annual tax return cycle.

As has been the case for the past three years now this year’s return contains a question asking about income received from a service company.

Rhetorical question

In my article That is the answer? I argued that taxpayers do not need to answer the question. It is ultra vires and under the statute we have at present HMRC cannot compel anyone to answer it or penalise anyone for failing to do so.

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